Probation Measures and Alternative Sanctions in the European Union PDF Download
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Author: Daniel Flore
Publisher:
ISBN: 9781780680439
Category : Alternatives to imprisonment
Languages : en
Pages : 0
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Book Description
The free movement of citizens within the European Union has been increasingly simplified, which means that nowadays more and more sentences are imposed to non-residents and, as a consequence, have to be executed on the territory of other Member States. An effective application of the Framework Decision 2008/947/JHA of 27 November 2008 that allows the recognition and supervision of probation measures in a Member State other than the one that pronounced the sentence is therefore essential in order to ensure an adequate enforcement of such sentences in the European Union. Through a thorough analysis of the national probation systems in the light of the obligations arisen from the EU Framework Decision, this book presents a comprehensive comparative study and promotes necessary mutual understanding.
Author: Daniel Flore
Publisher:
ISBN: 9781780680439
Category : Alternatives to imprisonment
Languages : en
Pages : 0
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Book Description
The free movement of citizens within the European Union has been increasingly simplified, which means that nowadays more and more sentences are imposed to non-residents and, as a consequence, have to be executed on the territory of other Member States. An effective application of the Framework Decision 2008/947/JHA of 27 November 2008 that allows the recognition and supervision of probation measures in a Member State other than the one that pronounced the sentence is therefore essential in order to ensure an adequate enforcement of such sentences in the European Union. Through a thorough analysis of the national probation systems in the light of the obligations arisen from the EU Framework Decision, this book presents a comprehensive comparative study and promotes necessary mutual understanding.
Author: Libor Klimek
Publisher: Springer
ISBN: 3319443771
Category : Law
Languages : en
Pages : 768
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Book Description
This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.
Author: A. M. van Kalmthout
Publisher:
ISBN: 9789058504500
Category : Probation
Languages : en
Pages : 1181
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Book Description
Author: Leandro Mancano
Publisher: Bloomsbury Publishing
ISBN: 1509908072
Category : Law
Languages : en
Pages : 269
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Book Description
The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
Author: Gert Vermeulen
Publisher: Maklu
ISBN: 9046605523
Category : Law
Languages : en
Pages : 796
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Book Description
This volume comprises the principal policy documents and multilateral legal instruments on international and European criminal law, with a special focus on Europol and Eurojust, as well as on initiatives aimed at combating international or organized crime or terrorism. The texts have been ordered according to the multilateral co-operation level within which they were drawn up: either Prum, the European Union (comprising also Schengen-related texts), the Council of Europe, or the United Nations. Now in its seventh edition, the book is meant to provide students, as well as practitioners (judicial and law enforcement authorities, lawyers, researchers, etc.), with essential, accurate, and up-to-date texts on these matters.
Author: Sacha Garben
Publisher: Bloomsbury Publishing
ISBN: 1509913475
Category : Law
Languages : en
Pages : 357
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Book Description
The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.
Author: Gert Vermeulen
Publisher: Maklu
ISBN: 9046607488
Category : Criminal law
Languages : en
Pages : 839
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Book Description
This volume comprises the principal policy documents and multilateral legal instruments on international and European criminal law, with a special focus on Europol and Eurojust as well as on initiatives aimed at combating international or organized crime or terrorism. The texts have been ordered according to the multilateral co-operation level within which they were drawn up: either Prüm, the European Union (comprising also Schengen-related texts), the Council of Europe or the United Nations. It is meant to provide students as well as practitioners (judicial and law enforcement authorities, lawyers, researchers, ...) throughout Europe with an accurate, up-to-date edition of essential texts on these matters.
Author: Pat Carlen
Publisher: Routledge
ISBN: 0429886837
Category : Social Science
Languages : en
Pages : 471
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Book Description
Justice is one of the most debated and reinterpreted of concepts within the fields of law, criminology and criminal justice. Bringing together 35 leading thinkers, analysts and campaigners from around the world, this collection presents a range of on-going struggles for justice from abolitionist, transitional, transformative, indigenous, green and restorative perspectives. Against a background of contemporary concerns about dark money, plutocracies and populism, these chapters raise questions about the relationships between social justice and criminal justice and between democracy, knowledge and justice. Overall, the chapters also demonstrate the breadth, variety and vibrancy of contemporary criminology and include, amongst other cutting-edge contributions, chapters by John Braithwaite, Michelle Brown, Ian Loader, Pat O’Malley, Joe Sim, Susanne Karstedt, Phil Scraton, Richard Sparks, Loïc Wacquant and Sandra Walklate. Justice Alternatives is essential reading for students of criminology, criminal justice and law, as well as for other scholars and activists concerned about social justice, policing, courts, imprisonment, mass supervision, rights and privatized justice. The book’s emphasis upon the importance of imagination, experimentation, innovation and debate aims to promote an optimism that there are always alternatives to inequality, domination and oppression.
Author: Pieter Jan Kuijper
Publisher: Kluwer Law International B.V.
ISBN: 9041154124
Category : Law
Languages : en
Pages : 1251
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Book Description
The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
Author: Great Britain: Parliament: House of Lords: European Union Committee
Publisher: The Stationery Office
ISBN: 9780108551437
Category : Business & Economics
Languages : en
Pages : 70
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Book Description
This report concludes that the Government should seek to rejoin the 35 measures that have already been identified, but that it should also seek to rejoin an additional set of measures: implementing measures related to Europol's continued operation; the Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law; the European Judicial Network; the European Probation Order; and the Convention of Driving Disqualifications. The Government has still not dealt with earlier reports' conclusions about the Court of Justice of the European Union (CJEU) and its jurisdiction. What is more, the Government's general approach to the CJEU is not consistent with its decision to opt back into many other post-Lisbon police and criminal justice measures. The Government also needs to work flexibly with the European Commission in order to avoid any gaps in the application of the measures the UK will seek to rejoin. For example, we must ensure that rejoining the European Arrest Warrant is water-tight well in advance of the opt-out taking effect, to prevent problems for our criminal justice system. The report also recommends that the Government conduct a review of the impact of the opt-out decision three years after it has taken effect, and report its conclusions to Parliament
